Assuming defendant (Illinois) · Go Syfert
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Assuming defendant in Illinois

20 Illinois opinions name it 2 courts 1974–2025 5 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
In re Marriage of Verdunggreen
ill · 1989 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008See Verdung, 126 Ill. 2d at 547 ; see also Mortgage Electronic Systems v. Gipson, 379 Ill.

2008See Verdung, 126 Ill. 2d at 547 ; see also Mortgage Electronic Systems v. Gipson, No. 1-06-2363 (February 22, 2008), slip op. at 9-11 (a party who waives an objection to jurisdiction by filing a section 2-1401 motion does so only prospectively).

22
People v. Newberrygreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 1999–1999
2 sentences

1999Assuming defendant’s belief to be correct, the question remains whether denying defendant that dismissal resulted in a miscarriage of justice or foreclosed the possibility of defendant’s receiving a fair trial on the merits, as occurred, for example, in Newberry, 166 Ill. 2d at 314-15 , 652 N.E.2d at 291 (wherein the State destroyed evidence, without which the defendant did not “have any realistic hope of exonerating himself’).

1999Assuming defendant's belief to be correct, the question remains whether denying defendant that dismissal resulted in a miscar riage of justice or foreclosed the possibility of defendant's receiving a fair trial on the merits, as occurred, for example, in Newberry , 166 Ill. 2d at 314-15 , 652 N.E.2d at 291 (wherein the State destroyed evidence, without which the defendant did not "have any realistic hope of exonerating himself").

22
People v. Johnsongreen
ill · 1986 · cited in 2 Illinois opinions naming this issue, 1997–1997
2 sentences

1997People v. Johnson, 114 Ill. 2d 170, 191 , 499 N.E.2d 1355, 1364 (1986), citing Rakas v. Illinois, 439 U.S. 128, 143 , 58 L.

1997People v. Johnson, 114 Ill. 2d 170, 191 , 499 N.E.2d 1355, 1364 (1986), citing Rakas v. Illinois, 439 U.S. 128, 143 , 58 L.

22
People v. Harrisgreen
ill · 2002 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See People v. Harris, 206 Ill. 2d 1, 12 (2002) (“Issues that were raised and decided on direct appeal are barred by the doctrine of res judicata.”); Cerda, 2023 IL App (4th) 220898-U, ¶¶ 54-60 . ¶ 48 3.

11
People v. Huntgreen
illappct · 2023 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See People v. Hunt, 2023 IL App (2d) 220153, ¶ 34 .

11
People v. Floyd F. (In Re N.G.)green
ill · 2018 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024In re N.G., 2018 IL 121939, ¶ 42 (finding court has “an affirmative duty to invalidate [a void] AUUW conviction and to treat the statute on which it was based as having never existed.”).

11
People v. Edwardsgreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Edwards, 197 Ill. 2d at 244 (at the first stage the petition only requires a limited amount of detail and “need not include ‘legal arguments or [citations] to legal authority.’ [Citation.]”). ¶ 33 Assuming defendant was convicted of the version of the AUUW statute declared void in Aguilar, his conviction must be vacated.

11
People v. Maldonadogreen
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 2021–2021
2 sentences

2021Citing Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 851 (1992), for the proposition “[o]ur law affords constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education,” defendant argues the trial court improperly considered in aggravation his “lifestyle” of fathering five children with three different women. ¶ 31 Assuming defendant’s general proposition is correct, that the trial court cannot consider defendant’s choice to “procreate *** with multiple women” in aggravation, it is irr

2021App. 3d 470, 486 , 608 N.E.2d 499, 509 (1992). ¶ 33 In this case, the trial court stated, “What we have here is an individual who talks of his two daughters.

11
Planned Parenthood of Southeastern Pa. v. Caseyred
scotus · 1992 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Citing Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 851 (1992), for the proposition “[o]ur law affords constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education,” defendant argues the trial court improperly considered in aggravation his “lifestyle” of fathering five children with three different women. ¶ 31 Assuming defendant’s general proposition is correct, that the trial court cannot consider defendant’s choice to “procreate *** with multiple women” in aggravation, it is irr

11
Mortgage Electronic Systems v. Gipsongreen
illappct · 2008 · cited in 1 Illinois opinions naming this issue, 2008–2008
1 sentence

2008See Verdung, 126 Ill. 2d at 547 ; see also Mortgage Electronic Systems v. Gipson, 379 Ill.

11
People v. Bakergreen
illappct · 1995 · cited in 1 Illinois opinions naming this issue, 1999–1999
1 sentence

1999Assuming defendant’s belief to be correct, the question remains whether denying defendant that dismissal resulted in a miscarriage of justice or foreclosed the possibility of defendant’s receiving a fair trial on the merits, as occurred, for example, in Newberry, 166 Ill. 2d at 314-15 , 652 N.E.2d at 291 (wherein the State destroyed evidence, without which the defendant did not “have any realistic hope of exonerating himself’).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Rakas v. Illinois green
scotus · 1979
2 sentences

1997People v. Johnson, 114 Ill. 2d 170, 191 , 499 N.E.2d 1355, 1364 (1986), citing Rakas v. Illinois, 439 U.S. 128, 143 , 58 L.

1997People v. Johnson, 114 Ill. 2d 170, 191 , 499 N.E.2d 1355, 1364 (1986), citing Rakas v. Illinois, 439 U.S. 128, 143 , 58 L.

21997–1997
People v. Hughes green
ill · 2015
1 sentence

2025Assuming error occurred, the invited error rule states “a party cannot complain of error that it brought about or participated in.” People v. Hughes, 2015 IL 117242, ¶ 33 .

12025–2025
People v. Orth green
ill · 1988
2 sentences

1996Under Orth, once a motorist has presented a prima facie case for rescission, the State must lay the following foundation to avoid rescission: "(1) evidence that the tests were performed according to the uniform standard adopted by the Illinois Department of Public Health, (2) evidence that the operator administering the tests was certified by the Department of Public Health, (3) evidence that the machine used was a model approved by the Department of Health, was tested regularly for accuracy, and was working properly, (4) evidence that the motorist was observed for the requisite 20 minutes pri

1996Under Orth, once a motorist has presented a prima facie case for rescission, the State must lay the following foundation to avoid rescission: "(1) evidence that the tests were performed according to the uniform standard adopted by the Illinois Department of Public Health, (2) evidence that the operator administering the tests was certified by the Department of Public Health, (3) evidence that the machine used was a model approved by the Department of Health, was tested regularly for accuracy, and was working properly, (4) evidence that the motorist was observed for the requisite 20 minutes pri

11996–1996
Beiermann v. Edwards green
illappct · 1990
1 sentence

1995In Beiermann v. Edwards (1990), 193 Ill.

11995–1995
People v. Wilken green
illappct · 1980
1 sentence

1992App. 3d 1124 , 412 N.E.2d 1071 .) Assuming error by the trial court in allowing the statement, we find that any error was harmless in light of the eyewitness testimony against defendant.

11992–1992
Rivenbark v. Finis P. Ernest, Inc. green
illappct · 1976
1 sentence

1988Rivenbark v. Finis P. Ernest, Inc. (1976), 37 Ill.

11988–1988
McCracken v. Olson Companies, Inc. green
illappct · 1986
1 sentence

1988App. 3d 104 , 500 N.E.2d 487 .) Assuming defendant promised to cover the debt, defendant argues that promise is unenforceable because it was not in writing.

11988–1988
Chonowski v. Dyke green
illappct · 1980
1 sentence

1988Since a third party may provide valid consideration (Chonowski v. Dyke (1980), 82 Ill.

11988–1988
People v. Williams neutral
illappct · 1983
1 sentence

1988App. 3d 49, 54 , 446 N.E.2d 1236, 1239 .) Assuming defendant had properly preserved his contentions for appeal, we still would be precluded from finding any error.

11988–1988
People v. Hebein green
illappct · 1982
2 sentences

1984Assuming defendant had not failed to raise this issue in his post-trial motion, and therefore waived it for purposes of review (People v. Hebein (1982), 111 Ill.

1984App. 3d 830, 842-43 , 444 N.E.2d 782 ), the identification was based upon adequate evidence and was therefore valid.

11984–1984
Lundy v. Warden green
scotus · 1979
1 sentence

1984Ed. 2d 299 , 99 S. Ct. 2862 .) Assuming defendant has not waived this issue, we still find no merit to his claim.

11984–1984
Finfrock v. Eaton Asphalt Co. green
illappct · 1976
1 sentence

1981App. 3d 1020 , 355 N.E.2d 214 .) Assuming defendant’s general objection was sufficient, however, we are not persuaded that the instruction is erroneous.

11981–1981
Warren v. Meeker green
ill · 1973
2 sentences

1974In Warren v. Meeker, 55 Ill.2d 108 , this court said: “We have not specifically defined the term ‘having charge of’ or delimited the factors to be considered in its definition and we do not now do so.” ( 55 Ill.2d 108, at 111 .) It is difficult for me to perceive how, when we have under consideration a statutory term admittedly not specifically defined, the majority can hold that on this record the movant’s affidavit and the discovery depositions preclude any possibility that the defendant had charge of the work.

1974In Warren v. Meeker, 55 Ill.2d 108 , this court said: “We have not specifically defined the term ‘having charge of’ or delimited the factors to be considered in its definition and we do not now do so.” ( 55 Ill.2d 108, at 111 .) It is difficult for me to perceive how, when we have under consideration a statutory term admittedly not specifically defined, the majority can hold that on this record the movant’s affidavit and the discovery depositions preclude any possibility that the defendant had charge of the work.

11974–1974

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 84 (1936–2026) NY 24 (1914–2024) IL 20 (1974–2025) NC 19 (1967–2026) MI 12 (1969–2024) GA 10 (1979–2024) TX 9 (2007–2020) IA 7 (1962–2015) MO 5 (1954–1986) OR 4 (2020–2026) NM 4 (1927–1988) NJ 4 (1965–2019) FL 4 (1988–2008) WI 3 (1931–2014) KY 3 (1954–1960) WA 3 (1977–2010) KS 3 (1977–2018) PA 3 (1974–2015) SC 3 (1959–1986) CO 2 (1970–2012) DC 2 (1991–1994) OK 2 (1960–1976) LA 2 (1985–2003) VA 2 (1995–1995)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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